Freed murder suspect Henry Keogh being sued by Adelaide lawyers who helped win his historic appeal over ‘verbal agreement’ to pay their bills
They worked together for a decade to win a history-making criminal appeal – now an alleged murder suspect and his counsel are fighting in court for the lion’s share of a $2.57 million payout.
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Henry Keogh’s lawyers want $1.5 million of his controversial $2.57 million compensation payout – but the alleged murder suspect says their claim should be thrown out of court.
Having worked together for more than a decade to secure his freedom from jail, Keogh and his lawyers – Kevin Borick QC and Michael Hegarty – are now embroiled in a lawsuit.
The lawyers want Keogh held to a “verbal agreement” which they assert he made in 2004, promising to pay their bills were he ever compensated for decades spent behind bars.
But Keogh – who remains the only suspect in the 1994 death of his then-fiancee, Anna-Jane Cheney – says there is no agreement to honour, and their claim is without merit.
On Wednesday, Sam Abbott QC – who was also part of Keogh’s criminal defence team – told the Supreme Court it was time to bring his client’s saga to an end.
“This case relates to alleged events in December 2004, some 15 ½ years ago … it’s trite to say this matter is long in the tooth,” he said.
“We respectfully submit it would be appropriate to set a timetable (so that) we can file application, and have argument, to dismiss these proceedings.”
Keogh spent 21 years in prison over the death of Ms Cheney, who was found in the bath of her Magill home.
At his two trials, prosecutors alleged Keogh drowned Ms Cheney to claim on a $1 million life insurance policy, while he insisted her death had been an accident.
Keogh and his supporters continued to protest his innocence after his conviction and, in 2014, he was granted a retrial on appeal and released from custody.
However, then-Director of Public Prosecutors Adam Kimber SC elected not to pursue a third trial against Keogh – meaning the allegations remain on foot and could be reactivated.
In July 2018, Keogh received a $2.57 million taxpayer-funded payout from the State Government.
Days later, The Advertiser exclusively revealed Mr Borick and Mr Hegarty were contemplating legal action to recoup their fees for acting on Keogh’s behalf.
Their lawsuit includes a “costs estimate” authored by Mr Borick, who says he worked on Keogh’s case at $3000 a day for 50 days a year over 10 years.
On Wednesday, Mark Turner, for Mr Borick and Mr Hegarty, said he had been instructed to brief senior counsel to represent his clients.
He said former Law Society of SA president John White has been approached, and asked for time for him to consider his involvement.
Judge Katrina Bochner, however, agreed the matter should proceed expeditiously and ordered the parties be ready for a case dismissal argument next month.